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Minutes for HB2299 - Committee on Judiciary

Short Title

Allowing a search warrant to be executed within 10 days from the date of issuance.

Minutes Content for Mon, Feb 15, 2021

 

Chairperson Patton opening the hearing on HB2299.  Natalie Scott provided an overview of HB2299(Attachment 15) There were no questions.

Proponents

Representative Resman lost his connection to the meeting in the middle of his testimony.  He finished his testimony at the end of the hearing on HB2363 and addressed questions at that time.

Ed Klumpp (Attachment 16) stated the longer periods for execution of search warrants will assist law enforcement by offering a broader time frame to choose the best time to serve the warrant based on safety considerations for the officers, the occupants of the place being sought, and others near the location the warrant is served. It also allows more opportunities to serve the warrant at a time affording the best opportunity to recover the items being searched for. Mr. Klumpp urged the membership to move HB2299 favorably for passage.

Greg Smith stated after doing research into surrounding states it was clear 96 hours is the anomaly rather than the norm. (Attachment 17) This longer period will allow officers to ensure the location is safe for search and that persons not a focus of an investigation (such as children) are not on site when the warrant is executed. Mr. Smith asked the committee to report HB2299 favorably for passage.

Representative John Resman testified in support of HB2299(Attachment 18) Representative Resman stated the intent of this bill is not only meant to ensure the safety of law enforcement but also the public. Representative Resman explained his career in law enforcement allowed him to be a member of the Kansas City Metro Squad that investigated homicides in Kansas and Missouri. While investigating a homicide in Missouri, he first learned about how their officers had 10 days to serve a search warrant. Serving a search warrant always has been and will always be unpredictable and dangerous.

All proponents stood for questions from the committee membership.

Written Proponent

Amanda Stanley, General Counsel, League of Kansas Municipalities (Attachment 19)

Chairperson Patton closed the hearing on HB2299.